Common use of FLEXIBILITY TERM Clause in Contracts

FLEXIBILITY TERM. ‌ 1.10.1. Mater and a Medical Officer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:‌ (a) the Agreement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and (v) leave loading (b) the arrangement meets the genuine needs of Mater and the Medical Officer in relation to one (1) or more of the matters mentioned in paragraph 1.10.1(a); and (c) the arrangement is genuinely agreed to by Mater and the Medical Officer. 1.10.2. Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and (c) result in the Medical Officer being better off overall than the Medical Officer would be if no arrangement was made. 1.10.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and Medical Officer; and (c) is signed by Mater and the Medical Officer and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Medical Officer will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 1.10.4. Mater must give the Medical Officer a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 1.10.5. Mater or the Medical Officer may terminate the individual flexibility arrangement: (a) by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or (b) if Mater and Medical Officer agree in writing—at any time.

FLEXIBILITY TERM. ‌ 1.10.1. Mater and a Medical Officer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:‌if: (a) the Agreement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading; and (b) the arrangement meets the genuine needs of Mater and the Medical Officer in relation to one (1) or more of the matters mentioned in paragraph 1.10.1(a(a); and (c) the arrangement is genuinely agreed to by Mater and the Medical Officer. 1.10.2. Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and (c) result results in the Medical Officer being better off overall than the Medical Officer would be if no arrangement was made. 1.10.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Mater and the employer and Medical Officer; and (c) is signed by Mater and the Medical Officer and if the Medical Officer is under 18 years of age, signed by a parent or guardian of the Medical Officer; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Medical Officer will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 1.10.4. Mater must give the Medical Officer a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 1.10.5. Mater or the Medical Officer may terminate the individual flexibility arrangement: (a) by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or (b) if Mater and the Medical Officer agree in writing—at any time.

FLEXIBILITY TERM. ‌ 1.10.1. Mater and a Senior Medical Officer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:‌if: (a) the Agreement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading; and (b) the arrangement meets the genuine needs of Mater and the Senior Medical Officer in relation to one (1) or more of the matters mentioned in paragraph 1.10.1(a(a); and (c) the arrangement is genuinely agreed to by Mater and the Senior Medical Officer. (a) A Senior Medical Officer must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and 1.10.2. Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and (c) result results in the Senior Medical Officer being better off overall than the Senior Medical Officer would be if no arrangement was made. 1.10.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Mater and the employer and Senior Medical Officer; and (c) is signed by Mater and the Senior Medical Officer Officer; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Senior Medical Officer will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 1.10.4. Mater must give the Senior Medical Officer a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 1.10.5. Mater or the Senior Medical Officer may terminate the individual flexibility arrangement: (a) by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or (b) if Mater and the Senior Medical Officer agree in writing—at any time. 1.11.1. Mater is committed to consulting Senior Medical Officers when Mater decides to introduce a major change that affects the workforce. (1) This consultation term applies if Mater: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Senior Medical Officers; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of Medical Officers.

FLEXIBILITY TERM. ‌ 1.10.11.11.1. Mater and a Medical Officer covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:‌if: (a) the Agreement deals with one (1) or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; and; (v) leave loading; and (b) the arrangement meets the genuine needs of Mater and the Medical Officer in relation to one (1) or more of the matters mentioned in paragraph 1.10.1(a(a); and (c) the arrangement is genuinely agreed to by Mater and the Medical Officer. 1.10.21.11.2. Mater must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009 (Cth); and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 (Cth); and (c) result results in the Medical Officer being better off overall than the Medical Officer would be if no arrangement was made. 1.10.31.11.3. Mater must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of Mater and the employer and Medical Officer; and (c) is signed by Mater and the Medical Officer Officer; and (d) includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the Medical Officer will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 1.10.41.11.4. Mater must give the Medical Officer a copy of the individual flexibility arrangement within fourteen (14) days after it is agreed to. 1.10.51.11.5. Mater or the Medical Officer may terminate the individual flexibility arrangement: (a) by giving no more than twenty-eight (28) days written notice to the other party to the arrangement; or (b) if Mater and the Medical Officer agree in writing—at any time.